Dáil Éireann debate -
Thursday, 22 Mar 1934

Vol. 51 No. 11

Control of Imports Bill, 1934 (From the Seanad).

The Dáil went into Committee to consider amendments from the Seanad.

Mr. Lemass

I propose to ask the House to agree to these amendments. I move: That the Committee agree with the Seanad in amendments Nos. 1 and 2:—

Section 4, sub-section (2). The words "Dáil Eireann" deleted in line 27 and the words "each House of the Oireachtas" substituted therefor.

Section 4, sub-section (3). The words "Dáil Eireann" deleted in line 31 and the words "each House of the Oireachtas" substituted therefor.

These amendments are designed to substitute the phrase "each House of the Oireachtas" for "Dáil Eireann." The purpose is to provide that orders made under the Bill shall be submitted, not merely to the Dáil, but to each House of the Oireachtas.

Amendments agreed to.

Mr. Lemass

I move: That the Committee agree with the Seanad in amendments Nos. 3 and 4:—

Section 4, sub-section (3). The words "it shall not be lawful for the Executive Council to make a quota order" deleted in lines 32-33 and the words "no quota order subsequently made by the Executive Council" substituted therefor.

Section 4, sub-section (3). The following words added at the end of the sub-section:—"shall have effect until it has been approved of by each House of the Oireachtas by resolution, and every such order shall, for the purposes of this Act, be deemed to have been made when it has been so approved."

The amendments are designed to effect one purpose. It will be remembered that the Bill as drafted provided that an order made by the Executive Council and disapproved of by the Dáil or revoked by the Executive Council before submission to the Dáil could not be repeated by the Executive Council or any order substantially similar made. The Seanad thought that the operation of the section would be unduly restrictive and proposed to insert an amendment the effect of which is to provide that where the order is revoked by the Executive Council before submission to the Dáil, or disapproved of by it, a similar order can be made in future with the approval of the Dáil. The order, however, does not come into operation until approved of by the Dáil.

Mr. Moore

I understand then that the Dáil will not be given an opportunity of approving or disapproving of the original order. It is only when it is revoked that any subsequent order relating to the same thing will have to come before the Dáil.

Mr. Lemass

There are two circumstances in which the Executive Council could not as the Bill stood make an order. One was where a similar order was made and was revoked before coming to the Dáil. The second is where a similar order was made and disapproved of by the Dáil and consequently ceased to have effect. In either circumstance the Executive Council could not make an order at all, and if they desired to do so, it would require new legislation. With this amendment the position will be that another order can be made by resolution of the Dáil. In other words, the order cannot have any effect prior to submission and approval by resolution of the Dáil. It comes into effect on the date the Dáil signifies approval.

Mr. Moore

It differs from the ordinary quota order in this respect: the ordinary quota order will take effect when the Executive Council issues it, but in this case nothing will happen until the Dáil has approved.

Mr. Lemass

That is correct.

Amendments agreed to.

Mr. Lemass

I move: That the Committee agree with the Seanad in amendment No. 5:—

Section 6, sub-section (2). The words "fourteen days" deleted in line 61 and the words "one month" substituted therefor.

The Bill provides that after the announcement of the quota period, the quota period shall be made not less than 14 days before the commencement of that period, that applications for licences may be made not less than seven days before the commencement of the period. It was thought that that period was too short, and should be increased, and that the announcement of the quota period shall be made one month before the commencement, and that applications for licences can be made 14 days before the commencement of the period.

Amendment agreed to.

Mr. Lemass

I move: That the Committee agree with the Seanad in amendment No. 6:—

Section 7, sub-section (2). A new paragraph added at the end of the sub-section as follows:—

(e) a company, not registered or incorporated under the laws of Saorstát Eireann, which has a place of business in Saorstát Eireann and has, during at least the five consecutive years next preceding the establishment of the said register, carried on the business of importing into Saorstát Eireann goods to which the relevant quota order applies.

Amendment agreed to.

Mr. Lemass

I move: That the Committee agree with the Seanad in amendments Nos. 7 and 8:—

Section 7, sub-section (3). Before the word "imported" in line 58 the word "not" inserted.

Section 7, sub-section (3). The word "not" deleted in line 60.

The amendments are designed to correct errors in drafting.

Amendments agreed to.

Mr. Lemass

I move: That the Committee agree with the Seanad in amendment No. 9:—

Section 8, sub-section (2). A new sub-section inserted before the sub-section as follows:—

(2) If and so far as an application for a licence under this section relates to goods which were actually consigned and in course of transit to the applicant at the commencement of the preliminary period, the Minister shall issue a licence under this section but only for so much of the said goods as will, in the opinion of the Minister, meet the reasonable requirements of the applicant.

Deputy Good will remember the point dealt with here, concerning the difficulty of goods in transit. Where goods are in transit application shall be made for a licence to import, but the quantity of the goods is left to the discretion of the Minister, to be such as will meet reasonable requirements. I think that is the nearest we can get to getting a safeguard on imports and other difficulties.

Amendment agreed to.

Mr. Lemass

I move: That the Committee agree with the Seanad in amendment No. 10:—

Section 9, sub-section (1). The word "seven" deleted in line 18 and the word "fourteen" substituted therefor.

Amendment agreed to.

Mr. Lemass

I move: That the Committee agree with the Seanad in amendment No. 11:—

Section 9, sub-section (1). After the word "order" in line 19 the following words inserted:—"or, in the case of an application in relation to an additional quota, within fourteen days after the fixing of such additional quota."

As the Bill stands, if an additional quota is provided for during the quota period, applications for licences under that additional quota would have to be made before the commencement of the quota period. In other words applications would have to be made before the commencement of the quota period for licences under the additional quota, if made. That was an unnecessarily complicated arrangement and the effect of the amendment is that where an additional quota is made, applications for licences can be made within 14 days after the announcing of the quota.

Amendment agreed to.

Amendments reported and agreed to.